Case: Las Americas Immigrant Advocacy Center v. Wolf

1:19-cv-03640 | U.S. District Court for the District of Columbia

Filed Date: Oct. 7, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 7, 2019, the U.S. Department of Homeland Security implemented two new asylum processes to expedite applicants’ credible fear interviews: the Prompt Asylum Claim Review program and the Humanitarian Asylum Review Process. Under these programs, asylum seekers subject to credible fear interviews would be kept in U.S. Customs and Border Protection facilities, called “ice boxes” due to their cold temperatures, rather than U.S. Immigration and Customs Enforcement detention centers. On Decem…

On October 7, 2019, the U.S. Department of Homeland Security implemented two new asylum processes to expedite applicants’ credible fear interviews: the Prompt Asylum Claim Review program and the Humanitarian Asylum Review Process. Under these programs, asylum seekers subject to credible fear interviews would be kept in U.S. Customs and Border Protection facilities, called “ice boxes” due to their cold temperatures, rather than U.S. Immigration and Customs Enforcement detention centers.

On December 5, 2019, the Las Americas Advocacy Center filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiff sued the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and U.S. Customs and Border Protection. The plaintiff, represented by the American Civil Liberties Union, claimed that the new programs for expedited removal violated the Immigration and Nationality Act (8 U.S.C. §§ 1101 et seq.), the Administrative Procedure Act (5 U.S.C. §§ 551 et seq.), the Convention against Torture, and the Due Process Clause of the Constitution. Specifically, the plaintiff claimed that Customs and Border Protection facilities only allowed them to contact attorneys by phone and otherwise limited their access to legal counsel. The plaintiffs alleged that this deprived them of opportunities to meaningfully participate in credible fear interviews, which determined whether they could pursue a claim for asylum or other protection.

On the same day, the plaintiff filed an amended complaint, adding as plaintiffs asylum seekers who had been sent back to their home countries after receiving a negative evaluation for their credible fear interviews under the new programs. On December 20, 2019, the plaintiffs filed a motion for preliminary injunction. The case was assigned to Judge Ketanji Brown Jackson on December 20, 2019. The plaintiffs filed a motion for summary judgment on January 27, 2020.

On November 30, 2020, the district court denied the plaintiffs' motion for summary judgment, but granted the defendants' cross-motion for summary judgment. 507 F. Supp. 3d 1. In finding in favor of the defendants, the court reasoned that Congress granted DHS considerable discretion to enact policies for the purpose of efficiently distinguishing meritorious claims for protection from meritless claims. The court further reasoned that the fact that DHS had previously afforded asylum seekers greater access to legal counsel than required by law did not mean that it was unlawful for DHS to scale back such access in light of the congressional determination that expeditious removal of certain noncitizens was warranted.

The plaintiffs filed a motion seeking reconsideration of the court's order on December 28, 2020. Two days later, they appealed the judgment to the Court of Appeals for the District of Columbia.

After Judge Jackson was elevated to the D.C. Circuit in mid-2021, the case was reassigned to Judge Jia M. Cobb. As of March 27, 2022, the appeal was being held in abeyance pending a decision by the lower court on the motion for reconsideration.

Summary Authors

Bogyung Lim (2/7/2020)

Jordan Katz (9/28/2021)

Rachel Harrington (3/27/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16554074/parties/las-americas-immigrant-advocacy-center-v-wolf/


Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Buser-Clancy, Thomas Paul (Texas)

Cruz, Bernardo Rafael (Texas)

Drake, Brantley Shaw (New York)

Huddleston, Kathryn Lynn (Arizona)

Michelman, Scott (District of Columbia)

Segura, Andre (Texas)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Benach, Ava C (District of Columbia)

Judge(s)

Jackson, Ketanji Brown (District of Columbia)

Attorneys(s) for Plaintiff

Balakrishnan, Anand V. (New York)

Buser-Clancy, Thomas Paul (Texas)

Cruz, Bernardo Rafael (Texas)

Drake, Brantley Shaw (New York)

Huddleston, Kathryn Lynn (Arizona)

Michelman, Scott (District of Columbia)

Segura, Andre (Texas)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Benach, Ava C (District of Columbia)

Moran, Courtney Elizabeth (District of Columbia)

Reuveni, Erez (District of Columbia)

Other Attorney(s)

Manning, Susan Baker (District of Columbia)

Walters, Karolina Joanna (District of Columbia)

Wise, Jane W (District of Columbia)

Documents in the Clearinghouse

Document

PACER [Docket]

Aug. 16, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

Dec. 5, 2019 Complaint
2

First Amended Complaint for Declaratory and Injunctive Relief

Dec. 5, 2019 Complaint
21

Plaintiffs' Motion for a Preliminary Injunction

Dec. 20, 2019 Pleading / Motion / Brief
35

Plaintiffs' Motion for Summary Judgment

Jan. 27, 2020 Pleading / Motion / Brief
76

Order

507 F.Supp.3d 1

Nov. 30, 2020 Order/Opinion

Resources

Title Description External URL

Refugee Reception and Perception: US Detention Camps and German Welcome Centers

Valeria Gomez & Karla Mari McKanders

The reception of refugees and asylum seekers has emerged as one of the most critical contemporary global issues. In 2015, the world experienced the most forced migrants since World War II. This essay… March 31, 2017 https://papers.ssrn.com/...

Sanctuary: K-12 School Districts in Agricultural Communities

Cecilia Barnes

This comment was initiated some eight months after the Executive Order was issued and well after the Executive Order’s enforcement had been challenged by multiple lawsuits on constitutional grounds. … Jan. 1, 2017 http://www.sjcl.edu/...

Libraries Keep a Resourceful Eye on the President

George H. Pike

From the earliest times, libraries have had a mission to collect, curate, organize, and disseminate knowledge and information as broadly as possible for the benefit of the societies they serve. Libra… June 6, 2017 http://newsbreaks.infotoday.com/...

Executive Orders on Travel and Immigration Create a Far-from-Ordinary Semester in Michigan Law's Civil Rights Litigation Clearinghouse

Julie Aust, Jamie Kessler, and Virginia Weeks

President Donald J. Trump's second travel ban for nationals from a group of predominantly Muslim countries was scheduled to take effect on March 16, 2017—until it was enjoined the day before by the U… March 16, 2017 None

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017 https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017 https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017 None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16554074/las-americas-immigrant-advocacy-center-v-wolf/

Last updated May 20, 2022, 5:15 a.m.

ECF Number Description Date Link
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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by LAS AMERICAS IMMIGRANT ADVOCACY CENTER (zrdj) (Entered: 12/09/2019)

Dec. 5, 2019 PACER
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NOTICE OF RELATED CASE by A.R.R.D., A.S.C.R., B.G.R., K.M.V., LAS AMERICAS IMMIGRANT ADVOCACY CENTER. Case related to Case No. 19-2676. (zrdj) (Entered: 12/09/2019)

Dec. 5, 2019 RECAP
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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.R.R.D., A.S.C.R., B.G.R., K.M.V., LAS AMERICAS IMMIGRANT ADVOCACY CENTER (This document is SEALED and only available to authorized persons.) (Attachments: # 1 SEALED Declaration of A.R.R.D., # 2 SEALED Declaration of A.S.C.R., # 3 SEALED Declaration of K.M.V., # 4 SEALED Declaration of B.G.R., # 5 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
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AMENDED COMPLAINT against All Defendants filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER, B.G.R., K.M.V., A.R.R.D., A.S.C.R..(Spitzer, Arthur) (Entered: 12/05/2019)

Dec. 5, 2019 PACER
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number ADCDC-6622552) filed by LAS AMERICAS IMMIGRANT ADVOCACY CENTER. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Related Case, # 3 Corporate Disclosure Certificate, # 4 Wolf summons, # 5 DHS summons, # 6 Cuccinelli summons, # 7 USCIS summons, # 8 Morgan summons, # 9 Owen summons, # 10 Mancha summons, # 11 Chavez summons, # 12 CBP summons, # 13 Barr summons, # 14 DOJ summons, # 15 Attorney General summons, # 16 U.S. Attorney for DC summons)(Spitzer, Arthur) (Entered: 12/05/2019)

1 Civil Cover Sheet

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2 Notice of Related Case

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3 Corporate Disclosure Certificate

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4 Wolf summons

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5 DHS summons

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6 Cuccinelli summons

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7 USCIS summons

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8 Morgan summons

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9 Owen summons

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10 Mancha summons

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11 Chavez summons

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12 CBP summons

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13 Barr summons

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14 DOJ summons

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15 Attorney General summons

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16 U.S. Attorney for DC summons

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Dec. 5, 2019 RECAP
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SUMMONS (13) Issued Electronically as to WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A MANCHA, JR, MARK A. MORGAN, TODD C OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zrdj) (Entered: 12/09/2019)

Dec. 9, 2019 PACER

Case Assigned/Reassigned

Dec. 9, 2019 PACER

Case Assigned to Judge Randolph D. Moss. (zrdj)

Dec. 9, 2019 PACER
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STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 12/10/2019. (lcrdm2, ) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
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NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/10/2019. Answer due for ALL FEDERAL DEFENDANTS by 2/8/2020. (Attachments: # 1 Declaration of service of process and additional documents)(Spitzer, Arthur) (Entered: 12/11/2019)

Dec. 11, 2019 PACER

.Order

Dec. 17, 2019 PACER

Order

Dec. 17, 2019 PACER

Set/Reset Deadlines: Brief due by 12/20/2019 at 2pm. (kt)

Dec. 17, 2019 PACER

Set/Reset Deadlines

Dec. 17, 2019 PACER

MINUTE ORDER: Upon consideration of Defendants' Opposition to Plaintiffs' Notice of Related Case ("Opposition"), Dkt. 11, Plaintiffs are hereby ORDERED to file a brief responding to Defendants' Opposition on or before December 20, 2019, at 2:00 p.m. Signed by Judge Randolph D. Moss on 12/17/2019. (lcrdm2, )

Dec. 17, 2019 PACER
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RESPONSE re 4 Notice of Related Case (opposition to case relation) filed by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF. (Moran, Courtney) (Entered: 12/17/2019)

Dec. 17, 2019 PACER
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NOTICE of Appearance by Courtney Elizabeth Moran on behalf of All Defendants (Moran, Courtney) (Entered: 12/17/2019)

Dec. 17, 2019 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/18/2019. (Attachments: # 1 Declaration of Service)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WILLIAM BARR served on 12/18/2019; GLORIA CHAVEZ served on 12/16/2019; KENNETH T. CUCCINELLI served on 12/17/2019; HECTOR A. MANCHA, JR served on 12/16/2019; MARK A. MORGAN served on 12/17/2019; TODD C. OWEN served on 12/17/2019; U.S. CITIZENSHIP AND IMMIGRATION SERVICES served on 12/17/2019; U.S. CUSTOMS AND BORDER PROTECTION served on 12/17/2019; U.S. DEPARTMENT OF HOMELAND SECURITY served on 12/17/2019; U.S. DEPARTMENT OF JUSTICE served on 12/18/2019; CHAD WOLF served on 12/17/2019 (Attachments: # 1 Declaration of Service on all defendants)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas Buser-Clancy, Filing fee $ 100, receipt number ADCDC-6659625. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Lynn Huddleston, Filing fee $ 100, receipt number ADCDC-6659614. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brantley Shaw Drake, Filing fee $ 100, receipt number ADCDC-6659608. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bernardo Cruz, Filing fee $ 100, receipt number ADCDC-6659601. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andre Ivan Segura, Filing fee $ 100, receipt number ADCDC-6659592. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Anand Balakrishnan, Filing fee $ 100, receipt number ADCDC-6659573. Fee Status: Fee Paid. by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/18/2019)

Dec. 18, 2019 PACER
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SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Ex. A - Sealed Declaration of ARRD, # 2 Ex. B - Sealed declaration of BGR, # 3 Ex. C - Sealed Declaration of MDCG, # 4 Proposed order on motion to seal)(Spitzer, Arthur) (Entered: 12/20/2019)

Dec. 20, 2019 PACER
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MOTION for Preliminary Injunction by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Memorandum in Support, # 2 Ex. A - Declaration of Christopher Clay, # 3 Ex. 1-21 to Clay Declaration, # 4 Ex. 22-33 to Clay Declaration, # 5 Ex. B - Declaration of ARRD, # 6 Ex. C - Declaration of BRG, # 7 Ex. D - Declaration of ASCR, # 8 Ex. E - Declaration of KMV, # 9 Ex. F - Declaration of Linda Corchado, # 10 Ex. G - Declaration of MDCG, # 11 Ex. H - Declaration of Rebecca Sheff, # 12 Ex. I - Declaration of Danielle Escontrias, # 13 Ex. J - Declaration of Allegra Love, # 14 Ex. K. - Declaration of Scott Shuchart, # 15 Ex. L - Declaration of Rebecca Jamil, # 16 Ex. M - Declaration of Douglas Stephens, # 17 Ex. N - Declaration of Aaron Reichlin-Nelnick, # 18 Exhibit O - Declaration of Andrea Meza, # 19 Ex. P - Declaration of Clara Long, # 20 Ex. Q - Declaration of David Jackson, # 21 Ex. R - Declaration of Jodi Goodwin, # 22 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/20/2019)

1

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Dec. 20, 2019 PACER
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RESPONSE re Minute Order and 4, re DEFENDANTS OPPOSITION TO RELATE CASES, filed by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G.. (Spitzer, Arthur) Modified on 12/20/2019 (ztd). (Entered: 12/20/2019)

Dec. 20, 2019 PACER
23

Case randomly reassigned to Judge Ketanji Brown Jackson. Judge Randolph D. Moss is no longer assigned to the case as case is not related. (ztnr) (Entered: 12/23/2019)

Dec. 23, 2019 PACER

.Order

Dec. 23, 2019 PACER

Order

Dec. 23, 2019 PACER

MINUTE ORDER: Local Rule 40.5(a)(3) provides that "[c]ivil, including miscellaneous, cases are deemed related when the earliest is still pending on the merits in the District Court and they (i) relate to common property, or (ii) involve common issues of fact, or (iii) grow out of the same event or transaction or (iv) involve the validity or infringement of the same patent." This rule "guarantees fair and equal distribution of cases to all judges, avoids public perception or appearance of favoritism in assignments, and reduces opportunities for judge-shopping." Tripp v. Executive Office of the President, 196 F.R.D. 201, 202 (D.D.C. 2000) (Calendar Committee three-judge panel). A plaintiff that seeks to depart from that general rule "bears the burden of demonstrating that the case is a related case under an applicable subsection of Rule 40.5." Tripp v. Executive Office of the President, 194 F.R.D. 340, 342 (D.D.C. 2000). The two cases at issue here, Las Americas Immigrant Advocacy Center V. Wolf et al., 19-cv-3640, and L.M.-M. et al. v. Cuccinelli et al., 19-cv-2676, challenge different policies, implemented by different component-agencies, and turn on different legal theories. Moreover, it is not sufficient that the two cases touch on the same general subject matter; that is, that the two cases challenge policies that allegedly restrict asylum seekers' access to counsel during the credible fear process. The Court, accordingly, concludes that Plaintiffs have not satisfied their burden of showing that the cases are related for the purposes of Local Rule 40.5(a)(3). Thus, it is hereby ORDERED that this case shall be randomly reassigned pursuant to Local Rule 40.3(a). Signed by Judge Randolph D. Moss on 12/23/2019. (lcrdm2, )

Dec. 23, 2019 PACER
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Joint MOTION for Briefing Schedule re Preliminary Injunction by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Attachments: # 1 Text of Proposed Order)(Spitzer, Arthur) (Entered: 12/24/2019)

1 Text of Proposed Order

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Dec. 24, 2019 RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 31, 2019 PACER

Minute Entry for proceedings held before Judge Ketanji Brown Jackson: Telephone Conference held on 12/31/2019, in Chambers. (Court Reporter: Sara Wick) (zgdf)

Dec. 31, 2019 PACER

MINUTE ORDER granting 12, 13, 14, 15, 16, 17 Motion for Leave to Appear Pro Hac Vice. It hereby ORDERED that Anand Balakrishnan, Andre Ivan Segura, Bernardo Cruz, Brantley Shaw Drake, Kathryn Lynn Huddleston, and Thomas Buser-Clancy are admitted pro hac vice in this matter as counsel for Plaintiffs. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ketanji Brown Jackson on 12/31/2019. (jag)

Dec. 31, 2019 PACER

Telephone Conference

Dec. 31, 2019 PACER

Telephone Conference

Jan. 2, 2020 PACER
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NOTICE to correct the record by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G. (Michelman, Scott) (Entered: 01/03/2020)

Jan. 3, 2020 RECAP
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PROPOSED BRIEFING SCHEDULE (JOINT) by A.R.R.D., A.S.C.R., B.C.F.G., B.G.R., D.M.F.G., F.B.G.C., J.M.F.G., K.M.V., L.E.R.D., LAS AMERICAS IMMIGRANT ADVOCACY CENTER, S.F.G.. (Michelman, Scott) (Entered: 01/03/2020)

Jan. 3, 2020 RECAP

~Util - Set/Reset Deadlines

Jan. 7, 2020 PACER

.Order

Jan. 7, 2020 PACER

MINUTE ORDER ADOPTING the parties' 25 Proposed Briefing Schedule. It is hereby ORDERED that the following deadlines are set in this matter: Defendants shall produce the complete administrative record on or before 1/17/2020; Plaintiff shall file its motion for summary judgment on or before 1/27/2020; any motions for leave to file amicus briefs in support of Plaintiff, to be accompanied by the proposed amicus brief, shall be filed on or before 1/30/2020; Defendants shall file their consolidated opposition and cross-motion for summary judgment on or before 2/6/2020; any motions for leave to file amicus briefs in support of Defendants, to be accompanied by the proposed amicus brief, shall be filed on or before 2/10/2020; Plaintiff shall file is consolidated reply and cross-motion opposition on or before 2/13/2020. Signed by Judge Ketanji Brown Jackson on 1/7/2020. (jag)

Jan. 7, 2020 PACER

Order

Jan. 7, 2020 PACER
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NOTICE of Appearance by Andre Ivan Segura on behalf of All Plaintiffs (Segura, Andre ) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
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NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of All Plaintiffs (Huddleston, Kathryn) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
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NOTICE of Appearance by Thomas Paul Buser-Clancy on behalf of All Plaintiffs (Buser-Clancy, Thomas) (Entered: 01/07/2020)

Jan. 7, 2020 PACER
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NOTICE of Appearance by Brantley Shaw Drake on behalf of All Plaintiffs (Drake, Brantley) (Entered: 01/08/2020)

Jan. 8, 2020 PACER
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NOTICE of Appearance by Anand Balakrishnan on behalf of All Plaintiffs (Balakrishnan, Anand) (Entered: 01/10/2020)

Jan. 10, 2020 PACER

~Util - Set/Reset Hearings

Jan. 16, 2020 PACER

.Order

Jan. 16, 2020 PACER

MINUTE ORDER. Motion Hearing set for 2/18/2020 at 02:00 PM in Courtroom 17 before Judge Ketanji Brown Jackson. Signed by Judge Ketanji Brown Jackson on 01/16/2020. (lckbj3)

Jan. 16, 2020 PACER

Order

Jan. 16, 2020 PACER
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NOTICE OF SERVICE OF CERTIFIED ADMINISTRATIVE RECORD by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Moran, Courtney) (Entered: 01/17/2020)

Jan. 17, 2020 RECAP
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RESPONSE re 33 MOTION to Modify Briefing Schedule filed by ALL PLAINTIFFS. (Attachments: # 1 Text of Proposed Order)(Segura, Andre ) (Entered: 01/23/2020)

Jan. 23, 2020 PACER
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MOTION to Modify Briefing Schedule by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Attachments: # 1 Text of Proposed Order)(Moran, Courtney) (Entered: 01/23/2020)

Jan. 23, 2020 PACER

MINUTE ORDER granting in part and denying in part 33 Motion to Modify Briefing Schedule. It is hereby ORDERED that Defendants may file a reply in support of their cross-motion for summary judgment on or before Saturday, 2/15/2020. Signed by Judge Ketanji Brown Jackson on 1/24/2020. (jag)

Jan. 24, 2020 PACER

Set/Reset Deadlines

Jan. 24, 2020 PACER

Order on Motion to Modify

Jan. 24, 2020 PACER
35

MOTION for Summary Judgment by ALL PLAINTIFFS (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit Administrative Record, # 4 Exhibit Index of Exhibits, # 5 Exhibit Supplemental Declaration of Christopher Clay, # 6 Exhibit Supplemental Declaration of A.S.C.R., # 7 Exhibit Supplemental Declaration of Linda Corchado, # 8 Exhibit Supplemental Declaration of Danielle Escontrias, # 9 Exhibit Supplemental Declaration of Rebecca Sheff, # 10 Text of Proposed Order)(Segura, Andre ) (Entered: 01/27/2020)

1 Memorandum in Support

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2 Statement of Facts

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3 Exhibit Administrative Record

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4 Exhibit Index of Exhibits

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5 Exhibit Supplemental Declaration of Christopher Clay

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6 Exhibit Supplemental Declaration of A.S.C.R.

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7 Exhibit Supplemental Declaration of Linda Corchado

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8 Exhibit Supplemental Declaration of Danielle Escontrias

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9 Exhibit Supplemental Declaration of Rebecca Sheff

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10 Text of Proposed Order

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Jan. 27, 2020 PACER
40

ENTERED IN ERROR.....NOTICE of Appearance by Jane W. Wise on behalf of RON WYDEN (Wise, Jane) Modified on 1/31/2020 (jf). (Entered: 01/30/2020)

Jan. 30, 2020 PACER
39

MOTION for Leave to File Brief as Amicus Curiae by RON WYDEN (Attachments: # 1 Amicus Brief, # 2 Text of Proposed Order)(Wise, Jane) (Entered: 01/30/2020)

1 Amicus Brief

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2 Text of Proposed Order

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Jan. 30, 2020 PACER
38

NOTICE of Appearance by Karolina Joanna Walters on behalf of AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Walters, Karolina) Modified on 1/31/2020 to reinstate document (jf). (Entered: 01/30/2020)

Jan. 30, 2020 PACER
37

Unopposed MOTION for Leave to File Amici Curiae Brief by AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Certificate of Corporate Disclosure, # 3 Text of Proposed Order)(Walters, Karolina) (Entered: 01/30/2020)

1 Exhibit Proposed Amicus Brief

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2 Exhibit Certificate of Corporate Disclosure

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3 Text of Proposed Order

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Jan. 30, 2020 PACER
36

Unopposed MOTION for Leave to File Amicus Brief by INNOVATION LAW LAB (Attachments: # 1 Text of Proposed Order Proposed order granting leave to file amicus brief, # 2 Exhibit Proposed amicus brief)(Benach, Ava) (Entered: 01/30/2020)

Jan. 30, 2020 PACER
42

NOTICE of Appearance by Jane W. Wise on behalf of RON WYDEN (Wise, Jane) (Entered: 01/31/2020)

Jan. 31, 2020 PACER

Notice of QC

Jan. 31, 2020 PACER
41

NOTICE of Appearance by Susan Baker Manning on behalf of RON WYDEN (Manning, Susan) (Entered: 01/31/2020)

Jan. 31, 2020 PACER

Notice of Corrected Docket Entry

Jan. 31, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 40 Notice of Appearance was entered in error and counsel was instructed to refile said pleading with a correct signature page. (jf)

Jan. 31, 2020 PACER

NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 40 Notice of Appearance was entered in error and counsel was instructed to refile said pleading using their assigned login/password. (Counsel should review LCvR 5.4(b) OBTAINING AND USING ELECTRONIC FILING PASSWORD; SIGNATURE;CONSENT TO SERVICE BY ELECTRONIC MEANS) (jf) Modified on 1/31/2020 to correct docket link (jf).

Jan. 31, 2020 PACER

NOTICE OF ERROR re 38 Notice of Appearance; emailed to kwalters@immcouncil.org, cc'd 13 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Please refile document, 3. Each attorney must use their individual login/password pursuant to LCvR5.4 (b) for entry of appearance/efiling of any documents bearing their signature (zjf, )

Jan. 31, 2020 PACER
43

NOTICE of Appearance by Ava C. Benach on behalf of INNOVATION LAW LAB (Benach, Ava) (Entered: 02/03/2020)

Feb. 3, 2020 PACER
48

AMICUS BRIEF by RON WYDEN. (jf) (Entered: 02/06/2020)

Feb. 5, 2020 PACER

Order on Motion for Leave to File

Feb. 5, 2020 PACER
47

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION (jf) (Entered: 02/06/2020)

Feb. 5, 2020 PACER
46

AMICUS BRIEF by AMERICAN IMMIGRATION COUNCIL, AMERICAN IMMIGRATION LAWYERS ASSOCIATION. (jf) (Entered: 02/06/2020)

Feb. 5, 2020 PACER
45

AMICUS BRIEF by INNOVATION LAW LAB. (jf) (Entered: 02/06/2020)

Feb. 5, 2020 PACER

MINUTE ORDER granting 36, 37, 39 Motion for Leave to File Amicus Curiae Brief. Signed by Judge Ketanji Brown Jackson on 2/5/2020. (jag)

Feb. 5, 2020 PACER
51

MOTION to Strike 21 MOTION for Preliminary Injunction, 35 MOTION for Summary Judgment (exhibits and statement of facts) by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Reuveni, Erez) (Entered: 02/06/2020)

1

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Feb. 6, 2020 PACER
50

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Ex. A to statement of facts, # 3 Exhibit Ex. B to statement of facts, # 4 Exhibit Ex. C to statement of facts, # 5 Exhibit Ex. D to statement of facts)(Reuveni, Erez) (Entered: 02/06/2020)

Feb. 6, 2020 PACER
49

Cross MOTION for Summary Judgment by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF (Attachments: # 1 Memorandum in Support memorandum in support of summary judgment and cross motion for summary judgment, # 2 Statement of Facts Statement of facts and reply to statement of facts, # 3 Text of Proposed Order)(Reuveni, Erez) (Entered: 02/06/2020)

1 Memorandum in Support memorandum in support of summary judgment and cross motion

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2 Statement of Facts Statement of facts and reply to statement of facts

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3 Text of Proposed Order

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Feb. 6, 2020 PACER
44

NOTICE of Appearance by Erez Reuveni on behalf of All Defendants (Reuveni, Erez) (Entered: 02/06/2020)

Feb. 6, 2020 PACER

Notice of QC

Feb. 7, 2020 PACER

~Util - Set/Reset Deadlines

Feb. 7, 2020 PACER

.Order

Feb. 7, 2020 PACER

Set/Reset Deadlines: Response due by 2/15/2020 (zgdf)

Feb. 7, 2020 PACER

MINUTE ORDER. It is hereby ORDERED that Plaintiff's response re 51 Motion to Strike is due on or before 2/15/2020; and Defendants' reply is due on or before 2/15/2020. Signed by Judge Ketanji Brown Jackson on 2/7/2020. (jag)

Feb. 7, 2020 PACER

Order

Feb. 7, 2020 PACER
52

Memorandum in opposition to re 35 MOTION for Summary Judgment filed by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD WOLF. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Reuveni, Erez) (Entered: 02/07/2020)

1 Statement of Facts

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2 Text of Proposed Order

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Feb. 7, 2020 RECAP

Set/Reset Deadlines

Feb. 7, 2020 PACER

NOTICE OF ERROR re 49 Motion for Summary Judgment; emailed to erez.r.reuveni@usdoj.gov, cc'd 16 associated attorneys -- The PDF file you docketed contained errors: 1. Two-part docket entry, 2. Please refile document, 3. Same documents using the OPPOSITION event (zjf, )

Feb. 7, 2020 PACER

Order on Motion to Clarify

Feb. 10, 2020 PACER

Set/Reset Deadlines: Response due by 2/13/2020. Reply due by 2/15/2020. (zgdf)

Feb. 10, 2020 PACER

Set/Reset Deadlines

Feb. 10, 2020 PACER

MINUTE ORDER granting 53 Motion to Clarify. It is hereby ORDERED that Plaintiff's response to 51 Motion to Strike is due on or before 2/13/2020; and Defendants' reply is due on or before 2/15/2020. Signed by Judge Ketanji Brown Jackson on 02/10/2020. (lckbj3, )

Feb. 10, 2020 PACER
53

Joint MOTION to Clarify re Set/Reset Deadlines, Order, Set Deadlines by WILLIAM BARR, GLORIA CHAVEZ, KENNETH T. CUCCINELLI, HECTOR A. MANCHA, JR, MARK A. MORGAN, TODD C. OWEN, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF JUSTICE, CHAD F. WOLF, RON WYDEN (Reuveni, Erez) (Entered: 02/10/2020)

Feb. 10, 2020 PACER
57

Memorandum in opposition to re 49 Cross MOTION for Summary Judgment filed by ALL PLAINTIFFS. (Attachments: # 1 Statement of Facts Reply In Support of, # 2 Appendix, # 3 Exhibit Suppl. Declaration of Linda Corchado, # 4 Exhibit Declaration of Thelma Garcia, # 5 Text of Proposed Order)(Segura, Andre ) (Entered: 02/13/2020)

1 Statement of Facts Reply In Support of

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2 Appendix

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3 Exhibit Suppl. Declaration of Linda Corchado

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4 Exhibit Declaration of Thelma Garcia

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5 Text of Proposed Order

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Feb. 13, 2020 RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 13, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Oct. 7, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Asylum seekers subject to expedited credible fear review proceedings and an advocacy organization.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security (District of Columbia), Federal

U.S. Citizenship and Immigration Services (District of Columbia), Federal

U.S. Department of Justice (District of Columbia), Federal

U.S. Customs and Border Protection (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

General:

Access to lawyers or judicial system

Conditions of confinement

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

Type of Facility:

Government-run

Immigration/Border:

Asylum - procedure

Constitutional rights

Convention against Torture

Deportation - judicial review

Deportation - procedure

Detention - conditions

Detention - procedures

Immigration lawyers

Refugees

Undocumented immigrants - rights and duties